Someone recently bought our

students are currently browsing our notes.

X

Youth Proceedings And Sentencing Notes

BPTC Law Notes > BPTC Criminal Litigation Notes

Updates Available  

A more recent version of these Youth Proceedings And Sentencing notes – written by City Law School students – is available here.

The following is a more accessble plain text extract of the PDF sample above, taken from our BPTC Criminal Litigation Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:

Youth Proceedings Age

*

Under-10 is doli incapax, thus cannot be convicted - s50 CYPA 1933.

*

per s9 POCC(S)A 2000:

*

*

If a youth attains 18 before 1st appearance, YC has no jurisdiction.

*

If a youth attains 18 after 1st appearance, the YC can continue to hear case, or remit to CC for trial (or if after trial, for sentence)..

*

Once attained 18, court can may any order as an adult per s29 CYPA 1963.

So, if between 10-17, they go through Youth Court - AGE establishes jurisdiction.

What is a youth court?

*

Maximum Detention in YC is 24 months. That's why for grave crimes, YC can commit to CC for sentence either on G plea if there is a real prospect that YP might require a sentence of, or in excess of 2yrs. BUT this can not be done after conviction per s3B PoCC(S)A 2000.

*

At least two justices, one man and one woman, unless:

*

Parties consulted and agree to a different constitution of court;

*

DJ sitting in the Youth Court can sit alone, as in the adult mags;

*

Mags and DJs must undergo specialist training to sit in the YC;

*

Reporting Restrictions apply automatically to youths under age of 18 in YC (s49 CYPA 1933). This means no names, schools, identifying features. They can be lifted but this is rare before conviction. In adult Mags/CC, reporting restrictions are discretionary (s39 CYPA 1933)

*

YC is not a public court. s47 CYPA 1933 says YC can only have:

*

Members of Court;

*

Parties to the case, lawyers, witnesses and others directly concerned;

*

Bona fide representatives of news agencies;

*

Such others as the court may specifically authorise

Procedure

*

On arrest, the police must notify:

*

Parent/Guardian (or L.A. if child is in care)

*

The "Appropriate Adult" (usually the same person, but in LA this may be a social worker, or from the "list" of people acting as AA for YPs). The AA's role is to look after the interests of the detained person, and can exercise the YP's rights eg to see the custody record, to get legal advice on their behalf, consult with YP in

private. They must be present in interview to ensure fair interview and facilitate communication in interests of YP.

*

The police must notify them of:

*

The fact of arrest;

*

The reason for the arrest (why);

* Where YP is being detained.

*

Parents/Guardians must be in court if YP is under 16. They may be in court if over 16.

*

More informal, in that:

*

Lawyers sit;

*

YP addressed by first name;

*

Oath is different than Mags (and discretionary);

*

Language is different (conviction= case proved; sentence = disposal)

*

First, Youth must enter a plea; (If G, must sentence on same day!!!)

*

If NG, parties complete case management form, and directions made for future management of case. Such as:

*

Identification of issues;

*

Witnesses;

*

Defences - Court should probe whether weak defence or not;

Court Process for youths

*

There is a presumption youths will be dealt with summarily (s24 MCA 1980);

* First Appearance is made in the Youth Court, unless:

*

A youth must first appear in an adult mags if he is jointly charged with an adult;

*

A youth may first appear in an adult mags if:

* Y is charged with aiding/abetting an adult; or

* An adult is charged with aiding/abetting the youth; or

* Y is charged with an offence that arises from same circumstances, or connected with the offence that the adult is charged with. Where will Y be tried?

*

Most tried summarily regardless of seriousness (presumption in s24 MCA). EXCEPT homicide offences.

*

Y has no right of election to CC when charged with EW offence;

*

Y must be tried in CC, and not YC, when:

MUST (All have determinate term

MAY

Buy the full version of these notes or essay plans and more in our BPTC Criminal Litigation Notes.

More BPTC Criminal Litigation Samples